House File 451 - Introduced HOUSE FILE 451 BY JONES A BILL FOR An Act relating to the rental of dwelling units and 1 manufactured or mobile home spaces by preempting certain 2 regulations by cities and counties and the rights of 3 landlords to terminate rental agreements. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2048YH (4) 87 tr/jh

H.F. 451 Section 1. Section 331.304, subsection 11, Code 2017, is 1 amended to read as follows: 2 11. A county shall not adopt or enforce any ordinance or 3 regulation in violation of section 562A.27B chapters 562A or 4 562B.25B 562B . 5 Sec. 2. Section 364.3, subsection 11, Code 2017, is amended 6 to read as follows: 7 11. A city shall not adopt or enforce any ordinance or 8 regulation in violation of section 562A.27B chapter 562A or 9 562B.25B 562B . 10 Sec. 3. NEW SECTION . 562A.2A Uniform application. 11 To provide for the uniform application of the provisions 12 of this chapter, it is intended that the sole regulation of 13 the rental of dwelling units and the rights and obligations of 14 landlords and tenants shall be under the provisions of this 15 chapter, and a city, county, or other governmental entity 16 within this state shall not adopt or make any local ordinance, 17 rule, or regulation relating to the rental of dwelling units 18 and the rights and obligations of landlords and tenants. All 19 such local ordinances, rules, or regulations shall be void, 20 unenforceable, and of no force or effect as of July 1, 2017. 21 Sec. 4. Section 562A.30, subsection 1, Code 2017, is amended 22 to read as follows: 23 1. Acceptance of performance by the tenant that varies from 24 the terms of the rental agreement or rules subsequently adopted 25 by the landlord constitutes a waiver of the landlord’s right 26 to terminate the rental agreement for that breach , unless the 27 landlord and the tenant otherwise agree after the breach has 28 occurred . 29 Sec. 5. Section 562A.30, Code 2017, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. Except as provided in this chapter, if 32 rent is unpaid when due and there is any outstanding balance 33 owed by the tenant to the landlord, the entire outstanding 34 balance shall be considered rent and shall not constitute 35 -1- LSB 2048YH (4) 87 tr/jh 1/ 3

H.F. 451 a waiver of the landlord’s right to terminate the rental 1 agreement for that breach in accordance with section 562A.27, 2 subsection 2. 3 Sec. 6. NEW SECTION . 562B.2A Uniform application. 4 To provide for the uniform application of the provisions of 5 this chapter, it is intended that the sole regulation of the 6 rental of manufactured or mobile home spaces and the rights 7 and obligations of landlords and tenants shall be under the 8 provisions of this chapter, and a city, county, or other 9 governmental entity within this state shall not adopt or make 10 any local ordinance, rule, or regulation relating to the 11 rental of manufactured or mobile home spaces and the rights 12 and obligations of landlords and tenants. All such local 13 ordinances, rules, or regulations shall be void, unenforceable, 14 and of no force or effect as of July 1, 2017. 15 Sec. 7. Section 562B.28, Code 2017, is amended to read as 16 follows: 17 562B.28 Waiver of landlord’s right to terminate. 18 1. Acceptance of performance by the tenant that varied 19 from the terms of the rental agreement or rules subsequently 20 adopted by the landlord constitutes a waiver of the landlord’s 21 right to terminate the rental agreement for that breach, unless 22 otherwise agreed after the breach has occurred. 23 2. Except as provided in this chapter, if rent is unpaid 24 when due and there is any outstanding balance owed by the 25 tenant to the landlord, the entire outstanding balance shall 26 be considered rent and shall not constitute a waiver of the 27 landlord’s right to terminate the rental agreement for that 28 breach in accordance with section 562B.25, subsection 2. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill prohibits cities and counties from adopting or 33 enforcing an ordinance or regulation that contradicts the 34 provisions of Code chapter 562A or 562B. 35 -2- LSB 2048YH (4) 87 tr/jh 2/ 3

H.F. 451 Under current law, a landlord’s acceptance of a tenant’s 1 performance that varies from the terms of a rental agreement or 2 subsequent rules adopted by the landlord constitutes a waiver 3 of the landlord’s right to terminate the rental agreement for 4 that breach. The bill provides that such an acceptance is not 5 a waiver if the parties otherwise agree after the breach has 6 occurred. 7 The bill provides that if rent is unpaid when due and there 8 is any outstanding balance owed by the tenant to the landlord, 9 the entire outstanding balance shall be considered rent and 10 shall not constitute a waiver of the landlord’s right to 11 terminate the rental agreement for that breach. 12 -3- LSB 2048YH (4) 87 tr/jh 3/ 3